Social Studies 10 Lessons

By: Gen L.

Lesson 5: The Constitution

The Constitution

• Defines political structure & relationship between gov't & people.
• The Rule of Law (No one is above the law) is a key principle.
• Establishes 2 levels of gov't (federal & provincial)
• Establishes three branches (Legislative / Executive / Judicial)
• A combination of Documents & Conventions (long held traditions & practices)

History

The Recent Docs

• BNA Act, 1867
  • Established the Dominion of Canada
• Canada Act, 1982
  • Ended power of British Parliament to legislate for Canada

The Canada Act, 1982

• PM Pierre Trudeau wanted to patriate (bring home) the constitution.
• Wanted to include a Charter of Rights.
• This caused conflict between provinces and federal gov't.
• Debates strained federal-provincial relations, putting the initiative at risk.

Canada Act, Cont.

• Quebec Premier Rene Levesque refused to sign the agreement, because demands for more provincial powers weren't met.
  • To this day, Quebec hasn't signed the Canada Act.
• In 1982, Queen Elizabeth II made the BNA Act, 1867 part of the new Canada Act.

The Amending Formula

• In order to change the constitution, you need:
  • of the provinces, representing of the population
  • in the HoC & Senate.
• More complex than this, but basically this.

Key Elements

• The Goal and Purpose of the Government: "Peace, Order and Good Governance." (POGG)
• Sections 91 & 92 - Divides power between Federal & Provincial Governments.
• The Charter of Rights and Freedoms - Entrenched Rights (Part I of the Canada Act)

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